Report: Ed Sheeran Must Face Trial In 'Thinking Out Loud' Copyright Case

Ed Sheeran: Case To A Jury

ED SHEERAN is facing a trial in a copyright infringement case involving MARVIN GAYE's 1973 hit, "Let's Get It On," a U.S. judge ruled THURSDAY, according to REUTERS. 

U.S. District Judge LOUIS STANTON denied SHEERAN's bid to dismiss the suit by STRUCTURED ASSET SALES, LLC, which controls a portion of the copyright of the song from co-writer ED TOWNSEND's estate. 

STANTON ruled a jury must decide the case because experts on both sides disagree on whether SHEERAN's song does indeed infringe on the GAYE tune. 

“Although the two musical compositions are not identical, a jury could find that the overlap between the songs' combination of chord progression and harmonic rhythm is very close,” STANTON stated in his ruling.

HILLEL PARNESS, an attorney for STRUCTURED ASSET SALES, said the company is "pleased" with the decision. STANTON ruled that jurors must decide whether SAS can include concert revenue in damages, rejecting SHEERAN’s argument that ticket sales weren’t tied to the alleged infringement.

A similar suit against the singer-songwriter by SAS is currently stayed, and a separate suit by another portion of TOWNSEND’s estate is awaiting trial.

“Thinking Out Loud” peaked at #2 on the BILLBOARD Hot 100 in FEBRUARY 2015. “Let’s Get It On” hit the top spot in SEPTEMBER 1973.

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